Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

v3.20.2
Commitments and Contingencies
9 Months Ended
Sep. 30, 2020
Commitments And Contingencies Disclosure [Abstract]  
Commitments and Contingencies

Note 8. Commitments and Contingencies

Leases

The Company leases certain office space, construction and office equipment, vehicles and temporary housing generally under non-cancelable operating leases. Leases with an initial term of one year or less are not recorded on the balance sheet, and the Company generally recognizes lease expense for these leases on a straight-line basis over the lease term. As of September 30, 2020, the Company’s operating leases have remaining lease terms ranging from less than one year to 3 years, some of which include options to renew the leases. The exercise of lease renewal options is generally at the Company’s sole discretion. The Company’s leases do not contain any material residual value guarantees or material restrictive covenants.

The Company determines if an arrangement is a lease at inception. Operating lease ROU assets and current and long-term operating lease liabilities are separately stated on the Consolidated Balance Sheet as of September 30, 2020. ROU assets represent the Company’s right to use an underlying asset for the lease term and lease liabilities represent the Company’s obligation to make lease payments arising from the lease. ROU assets and lease liabilities are recognized at the commencement date based on the present value of lease payments over the lease term. The present value of future lease payments are discounted using either the implicit rate in the lease, if known, or the Company’s incremental borrowing rate for the specific lease as of the lease commencement date. The rate was determined as a fair value of the lease over a 37 month period using a 6.5% interest rate for the present value calculation. The ROU asset is also adjusted for any prepayments made or incentives received. The lease terms include options to extend or terminate the lease only to the extent it is reasonably certain any of those options will be exercised. Lease expense is recognized on a straight-line basis over the lease term. The Company accounts for lease components (e.g., fixed payments) separate from the non-lease components (e.g., common-area maintenance costs). The Company does not have any material financing leases.

The Company leased its office under an operating lease beginning March 1, 2014 and ending July 31, 2019. The Company’s new office lease began July 15, 2019 and ends July 31, 2022. It also had a month to month lease for its IIU operations in 2019. A related party has a sub-lease for approximately $4,900 per month plus operating expenses.

 

The Company shares this space and the related costs associated with this operating lease with a related party (see Note 5) that also performs legal services associated with the collection of delinquent assessments.  Net rent expense recognized for the three and nine months ended September 30, 2020 and 2019 were approximately $26,000 and $76,000 for 2020 and $50,000 and $148,000 for 2019, respectively.

 

The following table presents components of lease expense excluding discontinued operations for the three and nine months ended September 30, 2020 and 2019:

 

 

Three Months

Ended

September 30,

2020

 

Nine Months

Ended

September 30,

2020

Three Months

Ended

September 30,

2019

Nine Months

Ended

September 30,

2019

Operating lease expense

$

27,644

$

89,931

50,274

147,575

 

$

27,644

$

89,931

50,274

147,575

 

The following table presents supplemental balance sheet information related to operating leases as of September 30, 2020 and December 31, 2019:

 

 

Balance Sheet Line Item

As of September 30, 2020

 

As of December 31, 2019

 

 

 

Assets

 

 

 

 

 

 

 

 

 

 

ROU assets

 

Right of use asset, net

$

185,370

 

$

260,260

 

 

 

Total lease assets

 

 

$

185,370

 

$

260,260

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

 

 

 

 

 

Current lease liabilities

 

Lease liability

$

98,846

 

$

94,235

 

 

 

Long-term lease liabilities

 

Lease liability

 

97,368

 

 

171,648

 

 

 

Total lease liabilities

 

 

$

196,214

 

$

265,883

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Weighted-average remaining lease term (in years)

 

 

 

1.83

 

 

2.60

 

 

 

Weighted-average discount rate

 

 

 

6.55

%

 

6.55

%

 

 

 

The following table presents supplemental cash flow information and non-cash activity related to operating leases for the nine months ended September 30, 2020 and 2019:

 

 

 

 

Nine Months Ended September 30, 2020

 

Nine Months Ended September 30, 2019

 

 

 

Operating cash flow information

 

 

 

 

 

 

 

 

 

 

Cash paid for amounts included in the measurement of lease liabilities

 

 

$

(69,669

)

$

(23,466

)

 

 

Supplemental Disclosure of non-cashflow information

 

 

 

 

 

 

 

 

 

 

ROU assets and operating lease obligation recognized

 

 

$

-

 

$

331,477

 

 

 

The following table presents maturities of operating lease liabilities on an undiscounted basis as of September 30, 2020:

 

 

 

 

 

 

 

 

 

 

 

 

 

Operating Leases

 

 

 

 

 

2020 (excluding the nine months ended September 30, 2020)

 

 

$

24,566

 

 

 

 

 

2021

 

 

 

103,646

 

 

 

 

 

2022

 

 

 

68,002

 

 

 

 

 

 

 

 

$

196,214

 

 

 

 

 

 

Legal Proceedings

Other than the lawsuits described below, we are not currently a party to material litigation proceedings. However, we frequently become party to litigation in the ordinary course of business, including either the prosecution or defense of claims arising from contracts by and between us and client Associations. Regardless of the outcome, litigation can have an adverse impact on us because of prosecution, defense, and settlement costs, diversion of management resources and other factors.

 

The Company accrues for contingent obligations, including estimated legal costs, when the obligation is probable and the amount is reasonably estimable. As facts concerning contingencies become known, the Company reassesses its position and makes appropriate adjustments to the consolidated financial statements. Estimates that are particularly sensitive to future changes include those related to tax, legal, and other regulatory matters.